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February 13, 1995 Page 10 Plains. The proposed uses for landscape contracting and garden center businesses are also distinct from other commercial uses in that they are consistent with agricultural use and require a rural location due to extensive land area needs and proximity of resources. The proposed landscape contracting and garden center businesses are compatible with and will maintain the rural character of the Town. Moreover, it is invalid for opponents of this project to argue, as they have, that this limited type of commercial development will spawn a free-flowing flood of unlimited additional commercial development. Limitations inherent in the nature of this project will deter future developers from proposing broader land uses in the area. Those same limitations will permit Town and County government to counter any arguments of precedent promoted by future developers . No doubt, proximity to other commercial property is one of many bases for granting zoning changes. But to the extent that future developers can argue that they should be granted commercial zoning in the subject area, they can make the same arguments today and point to the 57-acres of commercial property adjacent to the subject property for precedent. (6) Arguments Refuting Miscellaneous Opposing Arguments. Several miscellaneous arguments have been made opposing the petition, all of which can be refuted as follows: (a) Parks and Open Space Plan. Opponents argue that rezoning the parcel violates the Dane County Parks and Open Space Plan. This is not a good basis for denying the petition because the Parks and Open Space Plan is advisory only; it has not been adopted by the Town through Home Rule as a policy guide. In the opinion of Dane County Corporation Counsel, the Parks and Open Space Plan has no legal effect and does not affect landowners' rights to develop or otherwise use their land to the extent permitted by law. The Parks and Open Space Plan operates only as a device to capture state and federal park development funding. See attached Exhibit A. For these reasons the Parks and Open Space Plan should be disregarded and is no reason for denying this petition. The County must carefully consider whether dependence upon and enforcement of the Parks and Open Space Plan prior to its formal adoption by the Home Rule Towns of the County constitutes a violation of landowners' due process rights.